The Commission's Law Enforcement Bureau (LEB) enforces the NYC Human Rights Law. LEB is responsible for the intake, investigation, and prosecution of complaints alleging violations of the Law.

The number of new cases the Commission filed in 2004 rose to 450, a notable increase from the previous year, bringing the total case inventory to 554. In addition, the Commission successfully resolved 159 allegations of discrimination through pre-complaint intervention. Pre-complaint intervention assures a speedy resolution without the necessity of filing a complaint, avoiding costly and lengthy litigation.

An example of a pre-complaint intervention involved several disabled tenants and one disabled visitor who were trapped in their Harlem building for months as the result of a broken elevator. Once the Commission was made aware of their situation, LEB placed one call to the building owner instructing the owner to repair the elevator or face prosecution under the New York City Human Rights Law. The elevator was repaired the next day, bringing needed relief to the tenants.

In another early intervention, a prospective buyer of an Upper West Side co-op contacted the Commission after the interview with the co-op board was abruptly cancelled when the board was made aware that the prospective buyer used a wheelchair. LEB immediately intervened explaining to the co-op board that their conduct was discriminatory and unlawful under the City's Human Rights Law. Within a week of the Commission's phone call, the interview was rescheduled and the co-op board approved the sale of the apartment.

In addition to the 159 allegations resolved through pre-complaint intervention, the Commission resolved 481 cases in 2004. The Commission's two-pronged approach of an intensive initial interview of the complainant with an immediate investigation of the facts alleged provides investigators with a greater ability to gather evidence, identify witnesses, and build the strongest case. This successful approach is responsible for a significant increase in Probable Cause findings and Settlements.

Currently, over 75% of the Commission's case inventory is under one year old as compared to 14% at the beginning of this administration. At the start of 2002, there were 1,500 cases at the Commission that were seven years or older. That number dropped dramatically to 255 by the end of 2002 and declined again to 44 cases by the end of 2003. At the end of 2004, there were 8 cases remaining that were seven years or older. The overall reduction in cases since 2002 has given investigators the ability to focus on current cases and not be burdened with overwhelming caseloads.

ORDERS
In 2004, the Commission issued a landmark ruling in the area of religious discrimination. The Commission ordered the New York City Police Department to allow a Sikh Traffic Enforcement Agent to wear his turban while on duty in uniform. It was the first such order in the nation requiring a law enforcement agency to accommodate an officer’s religious beliefs by modifying its uniform requirements.

FINES
In 2004, the Commission assessed and collected fines totaling $88,000. Of that amount, $50,000 in fines came from Commission-initiated complaints through its proactive undercover testing. Although fines had been assessed prior to 2002, they were never collected.

ONE-YEAR POLICY
The Commission's One-Year Policy for resolving new cases, initiated during the Commissioner's first year, continues to ensure New Yorkers a timely resolution to their complaints and has prevented a return to the serious backlog of cases that existed at the Commission prior to this administration.

SETTLEMENTS
The Commission has the authority to obtain cash settlements for those aggrieved by violations of the Human Rights Law. In 2004, the dollar value of those settlements totaled $941,782 for an average cash settlement of $11,346. Additional settlements and provisions successfully negotiated by the Commission included rehirings, policy changes and modifications for accessibility.

EQUAL ACCESS
Many of New York's buildings, stores and other public accommodations are not accessible to people with disabilities. The Commission's Project Equal Access continues to provide disability access assistance and education to senior citizens and the disabled community. As a result of its aggressive efforts in 2004, the Commission successfully negotiated 150 modifications for individuals with disabilities, more than double the amount in 2002. Nearly 100 of these modifications were accomplished through pre-complaint intervention.

Project Equal Access assists the disabled community by identifying architectural and financial resources that are available, advocating for the disabled when dealing with landlords and/or service providers, and assisting with legal actions if intervention fails. Community Relations staff members, trained in conducting investigations at various sites requiring disability access, have coordinated their efforts with the Law Enforcement Bureau.

Modifications secured through the Commission include: installing permanent and portable ramps, bell and buzzer systems for entry to stores, offices, and apartment buildings, making parking spaces available and permitting guide dogs in public accommodations.

LEB STAFF
The Law Enforcement Bureau consists of 12 attorneys, 12 Human Rights Specialists, including two retired NYPD officers and 5 support staff members.